When the decision in Calmusky v. Calmusky, 2020 ONSC 1506 (CanLII), was released, it caused a bit of a stir. Here we are though, almost two years later and the world has been righted. Somewhat. Things have progressed in a way that some professionals predicted – we now have more than one decision of the Superior Court of Justice in Ontario which has not followed Calmusky with respect to beneficiary designations. Regrettably, we do not have any legislative amendments providing certainty in a post-Calmusky era despite requests from various stakeholders and what seemed to be an opportune time for the legislature to do just that. This paper will review what has come to pass since Calmusky.
Click here to read the full paper: Calmusky v Calmusky – an Update (K. Watters, de VRIES LITIGATION LLP).